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Prosecutorial control over plea bargaining should be loosened, for instance by bringing in a magistrate judge who could take offers from both sides and act as adjudicator.
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That was a notable moment of prosecutorial restraint in a case defined by overreach.
Attorney General Eric Holder and Defense Secretary Robert Gates have reacted with alarm to the idea that Congress can begin controlling prosecutorial decisions by withholding funds for particular activities it finds not to its liking.
"It better reflects the lack of meaningful controls on prosecutorial discretion and a lack of consequences for their illegal or unethical behavior".
That is the major reason the National Research Council in a February 2009 report strongly recommended that forensic scientific facilities and personnel not be an integral part of or be controlled by local or state prosecutorial officials.
According to a legal submission: "The investigative and prosecutorial functions in the United States are currently directly controlled by the ones involved in the conspiracy to perpetrate war crimes and named in this complaint, which politically blocks possible investigations and criminal prosecutions".
Scott L. Silliman, an Air Force lawyer for 25 years who is a law professor at Duke University, said the lack of consultation showed that "the Justice Department wants to remain in firm control of the process as far as prosecutorial decisions go".
One can imagine that provincial governments are unlikely to be happy with surrendering their judicial and prosecutorial power to bodies over which they have no control.
Patricio Barriga, the president of Ecuador's Council on Regulation and Control of Communication and Information — which provides prosecutorial evidence to Supercom — vehemently denied that the law curtailed liberty of expression.
The Money Laundering Control Act, enacted in 1986, is a powerful prosecutorial tool, with conviction carrying a prison sentence of up to 20 years.
Prosecutorial ambitions?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com